Bill Text: IA HF163 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act prohibiting employers and employment agencies from seeking the criminal record or criminal history from applicants for employment under certain circumstances, establishing a criminal history employment application task force, providing penalties, and including effective date provisions.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 121. [HF163 Detail]

Download: Iowa-2019-HF163-Introduced.html
House File 163 - Introduced HOUSE FILE 163 BY STAED , WINCKLER , HUNTER , LENSING , KURTH , McCONKEY , ANDERSON , FORBES , OURTH , JAMES , STECKMAN , DONAHUE , MASCHER , OLDSON , KACENA , and R. SMITH A BILL FOR An Act prohibiting employers and employment agencies from 1 seeking the criminal record or criminal history from 2 applicants for employment under certain circumstances, 3 establishing a criminal history employment application task 4 force, providing penalties, and including effective date 5 provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1814YH (4) 88 je/rn
H.F. 163 DIVISION I 1 PROHIBITED HIRING PRACTICES —— CRIMINAL RECORD OR CRIMINAL 2 HISTORY 3 Section 1. Section 84A.5, subsection 4, Code 2019, is 4 amended to read as follows: 5 4. The division of labor services is responsible for the 6 administration of the laws of this state under chapters 88 , 7 88A , 88B , 89 , 89A , 89B , 90A , 91 , 91A , 91C , 91D , 91E , 91F, 92 , 8 and 94A , and sections 73A.21 and 85.68 . The executive head of 9 the division is the labor commissioner, appointed pursuant to 10 section 91.2 . 11 Sec. 2. Section 91.4, subsection 2, Code 2019, is amended 12 to read as follows: 13 2. The director of the department of workforce development, 14 in consultation with the labor commissioner, shall, at the 15 time provided by law, make an annual report to the governor 16 setting forth in appropriate form the business and expense of 17 the division of labor services for the preceding year, the 18 number of remedial actions taken under chapter 89A , the number 19 of disputes or violations processed by the division and the 20 disposition of the disputes or violations, and other matters 21 pertaining to the division which are of public interest, 22 together with recommendations for change or amendment of the 23 laws in this chapter and chapters 88 , 88A , 88B , 89 , 89A , 89B , 24 90A , 91A , 91C , 91D , 91E , 91F, 92 , and 94A , and section 85.68 , 25 and the recommendations, if any, shall be transmitted by the 26 governor to the first general assembly in session after the 27 report is filed. 28 Sec. 3. NEW SECTION . 91F.1 Declarations and purpose. 29 1. The general assembly declares that: 30 a. Removing obstacles to employment for individuals with 31 criminal records provides economic and social opportunities to 32 a large group of individuals in Iowa, as well as increasing the 33 productivity, health, and safety of Iowa communities. 34 b. Employment advertisements in Iowa frequently include 35 -1- LSB 1814YH (4) 88 je/rn 1/ 10
H.F. 163 language regarding criminal records that is unrelated to the 1 employment vacancy and that either explicitly precludes or 2 strongly dissuades individuals from applying for employment for 3 which they are otherwise qualified. 4 c. Individuals with criminal records represent a group of 5 job seekers ready and able to enlarge and contribute to the 6 workforce. 7 d. Securing employment significantly reduces the risk of 8 recidivism for individuals with criminal records. 9 e. The opportunity for individuals with criminal records 10 to secure employment or to pursue, practice, or engage in 11 a meaningful and profitable trade, occupation, vocation, 12 profession, or business is essential to rehabilitation and 13 their resumption of the responsibilities of citizenship. 14 2. It is the purpose of this chapter to improve the economic 15 viability, health, and security of Iowa communities and to 16 assist individuals with criminal records to reintegrate into 17 the community, become productive members of the workforce, and 18 provide for their families and themselves. 19 Sec. 4. NEW SECTION . 91F.2 Definitions. 20 1. “Applicant” means a person pursuing employment with an 21 employer or with or through an employment agency. 22 2. “Commissioner” means the labor commissioner, appointed 23 pursuant to section 91.2, or the labor commissioner’s designee. 24 3. “Criminal record or criminal history” means information 25 collected or possessed by any criminal justice agency or 26 judicial system in this state or in another jurisdiction, 27 including a federal, military, tribal, or foreign jurisdiction, 28 concerning individuals which information includes identifiable 29 descriptions and notations of arrests, detentions, indictments, 30 or other formal criminal charges, and any disposition arising 31 therefrom, including acquittal, deferred judgment, sentencing, 32 correctional supervision, release, or conviction, and any 33 sentence arising from a verdict or plea of guilty or nolo 34 contendere, including a sentence of incarceration, a suspended 35 -2- LSB 1814YH (4) 88 je/rn 2/ 10
H.F. 163 sentence, a sentence of probation, or a sentence of conditional 1 discharge. 2 4. “Employer” means a person who has four or more employees 3 in the current or preceding calendar year and includes an agent 4 of such a person. For purposes of this chapter, individuals 5 who are members of the employer’s family shall not be counted 6 as employees. 7 5. “Employment agency” means a person who, with or without 8 compensation, regularly brings together those desiring to 9 employ and those desiring employment and includes an agent of 10 such a person. 11 Sec. 5. NEW SECTION . 91F.3 Prohibited hiring practices —— 12 exceptions. 13 1. An employer or employment agency shall not inquire 14 about or require disclosure of the criminal record or criminal 15 history of an applicant until the applicant’s interview is 16 being conducted or, if an interview will not be conducted, 17 until after a conditional offer of employment is made to the 18 applicant by the employer or employment agency. 19 2. Subsection 1 does not apply to the following positions 20 if an employer or employment agency establishes a separate 21 application form for such positions that includes the title and 22 job description of the position, the specific state or federal 23 law or bonding requirement that applies to the position, and 24 the types of criminal offenses that would preclude an applicant 25 from being hired for the position: 26 a. Positions where employers are required to exclude 27 applicants with certain criminal convictions from employment 28 due to federal or state law. 29 b. Positions where a fidelity bond or an equivalent bond is 30 required and an applicant’s conviction of one or more specified 31 criminal offenses would disqualify the applicant from obtaining 32 such bond, in which case an employer may include a question or 33 otherwise inquire whether the applicant has ever been convicted 34 of such specified criminal offenses. 35 -3- LSB 1814YH (4) 88 je/rn 3/ 10
H.F. 163 3. Subsection 1 does not prohibit an employer or employment 1 agency from notifying applicants in writing of specific 2 offenses that will disqualify an applicant from employment in a 3 particular position as permitted by subsection 2. 4 4. Subsection 1 does not apply to the following positions: 5 a. Positions where an employee will work within the 6 residence of the employer if the employer or members of the 7 employer’s family reside therein during such employment. 8 b. Positions where an employee will have entry access to a 9 personal residence or an occupied unit in a multiple housing 10 structure. 11 c. Positions where an employee will render personal service 12 to the person of the employer or members of the employer’s 13 family. 14 5. An employment agency shall not be liable for a violation 15 of subsection 1 if the employment agency can demonstrate by 16 clear and convincing evidence that such violation was caused by 17 the employment agency’s good-faith reliance on an affirmative 18 representation by an employer that one of the exceptions listed 19 in subsection 2 or 4 applied to the position in question. The 20 employer shall be liable for any such violations. 21 Sec. 6. NEW SECTION . 91F.4 Powers and duties of the 22 commissioner. 23 1. The commissioner may hold hearings and investigate 24 alleged violations of this chapter by an employer or employment 25 agency. 26 2. The commissioner may assess and recover civil penalties 27 in accordance with sections 91F.5 and 91F.6. 28 3. The commissioner shall adopt rules pursuant to chapter 29 17A to administer this chapter. 30 Sec. 7. NEW SECTION . 91F.5 Civil penalties —— amount. 31 An employer or employment agency who violates the provisions 32 of this chapter shall be subject to a penalty as follows: 33 1. For a first violation, the commissioner shall issue 34 a written warning to the employer or employment agency that 35 -4- LSB 1814YH (4) 88 je/rn 4/ 10
H.F. 163 includes notice regarding penalties for subsequent violations 1 and the employer or employment agency shall have thirty days 2 to remedy the violation. 3 2. For a second violation, or if a previous violation is not 4 remedied within thirty days of notice by the commissioner, the 5 commissioner may impose a civil penalty of up to five hundred 6 dollars. 7 3. For a third violation, or if a previous violation is not 8 remedied within sixty days of notice by the commissioner, the 9 commissioner may impose a civil penalty of up to one thousand 10 five hundred dollars. 11 4. For subsequent violations, or if a previous violation is 12 not remedied within ninety days of notice by the commissioner, 13 the commissioner may impose a civil penalty of up to one 14 thousand five hundred dollars for every thirty days that pass 15 thereafter without compliance. 16 Sec. 8. NEW SECTION . 91F.6 Civil penalties —— recovery. 17 1. The commissioner may propose that an employer be assessed 18 a civil penalty as provided in section 91F.4 by serving the 19 employer with notice of such proposal in the same manner as an 20 original notice is served under the rules of civil procedure. 21 Upon service of such notice, the proposed assessment shall be 22 treated as a contested case under chapter 17A. However, an 23 employer or employment agency must request a hearing within 24 thirty days of being served. 25 2. If an employer or employment agency does not request 26 a hearing pursuant to subsection 1 or if the commissioner 27 determines, after an appropriate hearing, that an employer 28 or employment agency is in violation of this chapter, the 29 commissioner shall assess a civil penalty in accordance with 30 section 91F.5. 31 3. An employer or employment agency may seek judicial 32 review of any assessment made under subsection 2 by instituting 33 proceedings for judicial review pursuant to chapter 17A. 34 However, such proceedings must be instituted in the district 35 -5- LSB 1814YH (4) 88 je/rn 5/ 10
H.F. 163 court of the county in which the violation or one of the 1 violations occurred and within thirty days of the day on which 2 the employer was notified that an assessment has been made. 3 4. After the time for seeking judicial review has expired 4 or after all judicial review has been exhausted and the 5 commissioner’s assessment has been upheld, the commissioner 6 shall request the attorney general to recover the assessed 7 penalties in a civil action. 8 5. Civil penalties recovered pursuant to this section shall 9 be remitted by the commissioner to the treasurer of state for 10 deposit in the general fund of the state. 11 Sec. 9. NEW SECTION . 91F.7 Construction. 12 This chapter shall not be construed to require an employer to 13 employ an individual with a criminal record. 14 Sec. 10. EFFECTIVE DATE. This division of this Act takes 15 effect January 1, 2020. 16 DIVISION II 17 CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE 18 Sec. 11. CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK FORCE 19 AND REPORT. 20 1. A criminal history employment application task force 21 is created. The task force shall consist of the following 22 members: 23 a. The labor commissioner or the labor commissioner’s 24 designee, who shall represent public sector employers. 25 b. Two representatives of established civil rights 26 and civil liberties organizations appointed by the labor 27 commissioner. 28 c. Two representatives of private sector employers 29 appointed by the labor commissioner. 30 d. One representative of a private sector labor 31 organization appointed by the labor commissioner. 32 e. One representative of a statewide public sector labor 33 organization appointed by the labor commissioner. 34 2. The task force shall study appropriate voluntary 35 -6- LSB 1814YH (4) 88 je/rn 6/ 10
H.F. 163 standards and procedures for evaluating employment applications 1 from an individual with a criminal history, including but not 2 limited to the nature of the crime, the age at which the crime 3 was committed, the nature of the duties of the position applied 4 for, and relevant evidence of the individual’s rehabilitation. 5 3. The labor services division of the department of 6 workforce development shall provide staffing services for the 7 task force. The labor commissioner or the labor commissioner’s 8 designee shall serve as the chairperson of the task force. 9 4. The members of the task force shall serve without 10 compensation and shall not be reimbursed for their expenses. 11 5. The task force shall submit a report regarding its 12 findings and recommendations to the governor and the general 13 assembly no later than January 1, 2020. The report shall 14 include a model pamphlet or other publication in both printed 15 and electronic form on evaluating employment applications 16 from individuals with criminal histories to be distributed to 17 employers in Iowa in a manner similar to other information 18 distributed by the labor commissioner. 19 Sec. 12. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 DIVISION I —— PROHIBITED HIRING PRACTICES —— CRIMINAL 25 RECORD OR CRIMINAL HISTORY. Division I of this bill prohibits 26 an employer or employment agency from inquiring about or 27 requiring disclosure of the criminal record or criminal 28 history of an applicant until the applicant’s interview is 29 being conducted. If an interview for the position will not be 30 conducted, the prohibition applies until after a conditional 31 offer of employment is made to the applicant by the employer or 32 employment agency. 33 The prohibition does not apply to certain positions listed 34 in the division if an employer or employment agency establishes 35 -7- LSB 1814YH (4) 88 je/rn 7/ 10
H.F. 163 a separate application form for such positions that includes 1 certain information listed in the division. The division does 2 not prohibit an employer or employment agency from notifying 3 applicants in writing of specific offenses that will disqualify 4 an applicant from employment in a particular position as 5 permitted by these exceptions. 6 The prohibition does not apply to certain additional 7 positions listed in the division. 8 An employment agency shall not be liable for a violation of 9 the prohibition if the employment agency can demonstrate by 10 clear and convincing evidence that such violation was caused by 11 the employment agency’s good-faith reliance on an affirmative 12 representation by an employer that one of the exceptions listed 13 in the bill applied to the position in question. The employer 14 shall be liable for any such violations. 15 The division defines “applicant” as a person pursuing 16 employment with an employer or with or through an employment 17 agency. The division defines “employer” as a person who has 18 four or more employees in the current or preceding calendar 19 year and an agent of such a person, excluding family members. 20 The division defines “employment agency” as a person who, 21 with or without compensation, regularly brings together those 22 desiring to employ and those desiring employment and an agent 23 of such a person. 24 The division defines “criminal record or criminal history” 25 as information collected or possessed by any criminal 26 justice agency or judicial system in this state or in another 27 jurisdiction, including a federal, military, tribal, or 28 foreign jurisdiction, concerning individuals which information 29 includes identifiable descriptions and notations of arrests, 30 detentions, indictments, or other formal criminal charges, 31 and any disposition arising therefrom, including acquittal, 32 deferred judgment, sentencing, correctional supervision, 33 release, or conviction, and any sentence arising from a verdict 34 or plea of guilty or nolo contendere, including a sentence of 35 -8- LSB 1814YH (4) 88 je/rn 8/ 10
H.F. 163 incarceration, a suspended sentence, a sentence of probation, 1 or a sentence of conditional discharge. 2 An employer or employment agency that violates the 3 provisions of the division is subject to civil penalties 4 ranging from a written warning for a first violation to up to 5 $1,500 every 30 days for a fourth or subsequent violation not 6 remedied within 90 days. 7 The labor commissioner may hold hearings and investigate 8 alleged violations of the division by an employer or employment 9 agency, may assess and recover civil penalties and seek 10 attorney general assistance in such recovery according to the 11 procedural provisions of the division, and shall adopt rules to 12 administer the division. 13 The division shall not be construed to require an employer to 14 employ an individual with a criminal record. 15 The division takes effect January 1, 2020. 16 DIVISION II —— CRIMINAL HISTORY EMPLOYMENT APPLICATION TASK 17 FORCE. Division II of the bill creates a criminal history 18 employment application task force. The task force shall study 19 appropriate voluntary standards and procedures for evaluating 20 employment applications from an individual with a criminal 21 history, including but not limited to the nature of the crime, 22 the age at which the crime was committed, the nature of the 23 duties of the position applied for, and relevant evidence of 24 the individual’s rehabilitation. 25 The division lists the membership of the task force. The 26 labor commissioner shall be the chairperson of the task force 27 and the labor services division of the department of workforce 28 development shall provide staffing services for the task force. 29 The task force shall submit a report regarding its findings 30 and recommendations to the governor and the general assembly no 31 later than January 1, 2020. The report shall include a model 32 pamphlet or other publication in both printed and electronic 33 form on evaluating employment applications from individuals 34 with criminal histories to be distributed to employers in Iowa 35 -9- LSB 1814YH (4) 88 je/rn 9/ 10
H.F. 163 in a manner similar to other information distributed by the 1 labor commissioner. 2 The division takes effect upon enactment. 3 -10- LSB 1814YH (4) 88 je/rn 10/ 10
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